This bill would allow temporary and permanent restraining orders under the "Prevention of Domestic Violence Act of 1991," P.L.1991, c.261 (C.2C:25-17 et seq.) on grounds that the person seeking the order is a victim of cyber-harassment. Currently, the "Prevention of Domestic Violence Act of 1991" provides that any of 14 predicate offenses, if inflicted by an adult or an emancipated minor upon a person protected under the act, constitute domestic violence. This bill would add cyber-harassment as a 15th predicate offense. The crime of cyber-harassment was enacted by P.L.2013, c.272 (C.2C:33-4.1). A person is guilty of cyber-harassment if, while making a communication in an online capacity via any electronic device or through a social networking site and with the purpose to harass another, the person: threatens to inflict injury or physical harm to any person or the property of any person; knowingly sends, posts, comments, requests, suggests, or proposes any lewd, indecent, or obscene material to or about a person with the intent to emotionally harm a reasonable person or place a reasonable person in fear of physical or emotional harm to his person; or threatens to commit any crime against the person or the person's property. Cyber-harassment is a crime of the fourth degree, punishable by up to 18 months imprisonment, a fine of up to $10,000, or both. If the perpetrator is 21 years of age or older at the time of the offense and impersonates a minor for the purpose of cyber-harassing a minor, it is a crime of the third degree. A crime of the third degree is punishable by three to five years imprisonment, a fine of up to $15,000, or both.

Bill Subjects:

Judiciary, 2nd Reading in the Assembly, 2nd Reading in the Senate, Bills and Joint Resolutions Signed by the Governor, Budget and Appropriations, Passed Assembly, Passed both Houses, Women and Children